Abujar @ Md. Abujar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1443 of 2026 Arising Out of PS. Case No.-823 Year-2025 Thana- KATIHAR NAGAR District- Katihar ====================================================== Abujar @ Md. Abujar S/O Kashumuddin @ Kashmuddin Resident of villageHajipur, P.S.- Muffasil, District- Katihar. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Md. Musowir, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 15-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with Katihar Sahayak P.S. Case No. 823 of 2025 registered for the alleged offences under Sections 8(c), 21(b) of Narcotic Drugs and Psychotropic Substances Act.

03. As per prosecution case, petitioner was apprehended with 12.59 grams of smack.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Nothing incriminating has been recovered from the person or possession of the petitioner. Moreover, recovered contraband is much less than the commercial quantity and just above the small quantity of five grams. The petitioner is having antecedent

Patna High Court CR. MISC. No.1443 of 2026(2) dt.15-01-2026 2/3 of one case in which he is on bail. Learned counsel further submits that the petitioner is in custody since 23.08.2025 and charge-sheet has been submitted.

05. Learned APP for the State opposes the submission made on behalf of the petitioner.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the quantity of contraband recovered and further considering the period of custody of the petitioner along with submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge-cum-Special Judge (NDPS Act), Katihar/court concerned in connection with Katihar Sahayak P.S. Case No. 823 of 2025, subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates

Patna High Court CR. MISC. No.1443 of 2026(2) dt.15-01-2026 3/3 or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Ashish/- U T